Ruling on not dividing some of what the deceased left behind
Machine translationRead the Arabic original
Question:
The questioner says, “O Shaykh: My father passed away and left behind some household items, and the heirs did not divide them. What is the ruling on this, given that the family is not pleased with dividing the items and the mother does not wish for it?”
Answer:
Everything the deceased leaves behind is an estate shared among all the heirs. If they wish to give away some of it as charity, such as a shirt, trousers, a mattress, a cloak, or something else, there is no harm if the heirs permit it and they are of legal age and sound mind. Otherwise, it belongs to them, and they may sell it or divide it among themselves, whether it is bedding, clothing, or anything else. However, if they permit it while being of legal age and sound mind, and it is given to the poor, there is no harm. As for the minors, their rights must be protected; the value of their share must be assessed and their rights determined, and then it may be given as charity to the poor, and there is no harm in that.
The presenter: May Allah reward you with good.
The questioner says, “O Shaykh: My father passed away and left behind some household items, and the heirs did not divide them. What is the ruling on this, given that the family is not pleased with dividing the items and the mother does not wish for it?”
Answer:
Everything the deceased leaves behind is an estate shared among all the heirs. If they wish to give away some of it as charity, such as a shirt, trousers, a mattress, a cloak, or something else, there is no harm if the heirs permit it and they are of legal age and sound mind. Otherwise, it belongs to them, and they may sell it or divide it among themselves, whether it is bedding, clothing, or anything else. However, if they permit it while being of legal age and sound mind, and it is given to the poor, there is no harm. As for the minors, their rights must be protected; the value of their share must be assessed and their rights determined, and then it may be given as charity to the poor, and there is no harm in that.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
